The Bombay High Court has witnessed a significant development as the Maharashtra government has expressed its willingness to explore the formation of a committee aimed at creating comprehensive guidelines to sensitize the police when dealing with matters involving the LGBTQIA+ community. This proposal was presented after a division bench of Justices Revati Mohite Dere and Gauri Godse emphasized the need for guidelines to address 'missing person' or 'kidnapping' complaints lodged against lesbian or gay couples by their family members.
The court urged the State to devise measures to guide the police's handling of cases involving missing persons or protection of LGBTQIA+ individuals. This discussion emerged during a hearing related to the protection of a lesbian couple, wherein the court has been addressing broader issues concerning the welfare of LGBTQIA+ individuals.
Advocate General Dr. Birendra Saraf, representing the State, assured the court that he would seek guidance from the government regarding the feasibility of forming a committee. This committee could comprise government officials and representatives from the LGBTQIA+ community, aiming to establish a protocol for police officers dealing with cases involving LGBTQIA+ individuals. The proposed guidelines would not only focus on addressing cases of harassment but also incorporate suggestions to prevent such harassment.
The court drew attention to the possibility of amending the police code of conduct in Maharashtra, aligning it with similar changes implemented in Tamil Nadu. Saraf pointed out that the Supreme Court had already issued a protocol for police officers to follow in cases involving missing and kidnapping complaints. Justice Dere suggested the engagement of a lawyer with an interest in the LGBTQIA+ cause to assist in articulating the guidelines.
Furthermore, the court highlighted the necessity of addressing issues faced by the LGBTQIA+ community in prisons, including the potential establishment of separate barracks for LGBTQIA+ inmates. The court previously directed the Inspector General (Prisons) of Maharashtra to ensure that transgender and homosexual individuals in prisons are not subjected to discriminatory treatment.
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